Uganda Case Law

Ranchhobhai Shivabhai Patel Ltd & Another v Wambuga & Another

Ranchhobhai Shivabhai Patel Ltd & Another v Wambuga & Another (Civil Appeal 6 of 2017) [2018] UGSC 68 (6 November 2018)

Court

Supreme Court of Uganda

Case number

Civil Appeal 6 of 2017

Judge

Mwangusya, JSC, Opio-Aweri, JSC, Mwondha, JSC, Tibatemwa, JSC, Mugamba, JSC

The Supreme Court found that the liquidator breached his fiduciary duties and violated statutory requirements under the Companies Act by selling the suit property without a special resolution and in the context of an arrangement with the creditor. The sale was conducted in a reckless and negligent manner, without proper valuation, and at a gross undervalue, prioritizing the interests of the secured creditor over those of the company and its members. The court held that these actions amounted to fraud as defined in Ugandan law, including breach of trust and unconscientious advantage. The secon…

Source excerpt

• Company Liquidation
• Fiduciary Duties
• Sale Of Mortgaged Property
• Fraud In Property Transactions
• Valuation Of Assets
• Bona Fide Purchaser

Uganda v Wandera (HCT-00-AC-SC 12 of 2014)

Uganda v Wandera (HCT-00-AC-SC 12 of 2014) [2014] UGHCACD 8 (8 August 2014)

Court

HC: Anti corruption Division (Uganda)

Case number

HCT-00-AC-SC 12 of 2014

The High Court held the prosecution had not made a prima facie case of illicit enrichment and acquitted B. D Wandera at the no-case-to-answer stage.

• Illicit Enrichment
• Burden Of Proof
• Valuation Of Assets
• Expert Evidence
• Financial Profile Analysis
• Illicit-enrichment